Bloedel-Donovan Lumber Mills

National Labor Relations Board - Board Decisions

Apr 15, 1941

30 N.L.R.B. 1227 (N.L.R.B. 1941)

S+
In the-Matter of BLOEDEL-DONOVAN LUMBER MILLS and BOOMMEN'&
RAFTERS'..UNION,,LOCAL, NO., 11-199,. INTERNATIONAL WOODWORKERS
OF AMERICA
Case , No. R--9406.-Decided April 15, 1941
Jurisdiction : lumber industry.
Practice and' Procedure : petition dismissed where no appropriate unit within
scope of petition.
Abbott & Lant, by Mr. W. H. Abbott, of Bellingham, Wash., for
the Company.
Mr. James J. Molthan, of Seattle, Wash., for Local 11-199.
Mr. L. Presley Gill, of Seattle, Wash., for Local 2667.
Mr. Louis Cokin, o.f counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE ,
On January 3, 1941, Boommen & Rafters' Union, Local No. 11-199,
International Woodworkers of America, herein called Local 11-199,
filed with the Regional Director for the Nineteenth Region (Seattle,
Washington) a petition alleging that a question affecting commerce
had,ar-isen_ -concerning,-the representation of employees of Bloedel-
Donovan Lumber Mills, Bellingham, Washington, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the,National Labor Relations
Act, 49 Stat. 449, herein called the Act. On February 19, 1941, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act, and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On Feb ruary. 28,,,19,41,;, theRegional Director issued a notice of
hearing, copies of which were duly served upon the Company, Local
11-199, and Lumber and Sawmill Workers Union, Local No. 2667,
30 N. L. R. B., No. 173.
1227
1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein called Local 2667, a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on March 117, 1941, at Bellingham, Washington,
.before. Robert L. , Condon, ,.the Trial Examiner, ;duly designated ,by
the Chief Trial Examiner. The Company, Local 11-199, and ,Local
2667 were represented by counsel and participated in.the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing-on the issues was afforded
all parties. During the course of the hearing, Local 11-199 filed
a motion to amend its petition to exclude supervisory -employees.
The Trial Examiner reserved ruling thereon. - The motion is hereby
granted. During the course of the hearing, the Trial Examiner
made several rulings on motions and-,on objections to the admission
of evidence. The Board has reviewed the rulings of ,the, Trial
Examiner and finds that no prejudicial errors were committed. -The
rulings are hereby affirmed.
Upon the entire record, in the case, the Board,makes ,the following :
FINDINGS OF _ FMYr
1. THE BUSINESS OF THE COMPANY
Bloedel-Donovan Lumber Mills is a Maine corporation licensed to
do business in the State of Washington and has its principal place -
of business at Bellingham, Washington. It is engaged in logging
timber, and in the manufacture of lumber, boxes, shingles, sash and
door products, and wood work. - It- operates the -Cargo =Mill, includ-
ing a crib boom, • at Bellingham. The Company, produces'approxi=
mately 30 million millage board feet of lumber.per month, over 90
per cent of which is shipped by it to points outside the State of
`Washington.
H. THE ORGANIZATIONS INVOLVED
Boommen & Rafters Union, Local No. 11-199; International Wood-
workers-of America', is a labor organization affiliated with the Con-
gress of Industrial Organizations. It admits to membership
employees employed at the Company's crib boom at Bellingham.
Lumber and Sawmill Workers, Local No. 2667, is a labor organiza-
tion affiliated with the American Federation of Labor. 'It admits
to membership employees at the Bellingham operation - of the
Company. - - - - -
III. THE APPROPRIATE UNIT
Local 11-199 alleges that all persons employed in the crib, boom
of the Company at Bellingham, including the,.donkey- puncher, the
boat operator, and the boat operator's helper, but excluding employees
'BLOEDEL -DONOVAN LUMBER MILLS 1229
with supervisory, powers, constitute an appropriate bargaining unit.
Local 2667 contends that such a unit is inappropriate and urges that
the petition be dismissed. -
The Company operates a sawmill' at Bellingham, Washington. In
connection with its sawmill the Company operates a crib boom for
'the'handling of the logs prior to their use in its mill. The crib
boom. employees work on a pond adjacent to the Company's sawmill,
are under - the - supervision of a separate foreman,, and their work
requires a degree of skill and experience not possessed by other em-
ployees of the Company. These employees break down large rafts
of logs, sort logs according to size, grade and species, ' and assemble
,rafts for transportation'to other points on the river or to the Com-
pany's mill pond.
The history of organization and collective bargaining at .the Bel-
lingham operation of the Company, so far as the record discloses,
dates from 1939. On April 10, 1939, the Board, in a Second .Supple-
mental Decision and Certification of Representatives,' certified Local
2667, after a directed election, as exclusive representative of all em-
ployees at the Cargo Mill of the Company at Bellingham, including
the' crib boom. At- the hearing prior, to certification of Local 2667,
'Local 11-199 - waived its claim to represent the employees it now
desires, and stated at that time that such employees should be part
of 'the industrial unit. Thereafter, the Company and Local 2667
entered into an exclusive. bargaining contract covering all the em-
ployees atthe Cargo Mill of the Company at Bellingham, excluding
truck drivers, garagemen and helpers employed in the fuel depart-
ment, supervisory employees with authority to hire and discharge,
and office employees, but including the employees claimed by Local
11-199 herein. This contract sets up machinery for the handling
of grievances, provides for seniority, and deals with hours of work
and other conditions of employment. The employees in the unit
alleged to be appropriate by Local 11-199 are specifically covered by
provisions of this contract. The record indicates that'this contract
was in existence at the time of the hearing.
Local 11-199 did not attempt to bargain on behalf of the employees
it claims until after the Board's Second Supplemental Decision and
Certification of Representatives, described above.
In view, therefore, of the prior certification by the Board and the
bargaining history on an industrial unit basis as evident by the
contract between Local 2667 and the Company, we find that the unit
sought to be established by Local 11-199 in the present case is not
appropriate for the purposes of collective bargaining.
112N L. R B 177
1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE QUESTION CONCERNING REPRESENTATION
Since, as pointed out in Section III above, the bargaining unit
sought to be established by the petition is inappropriate for the
purposes of collective bargaining at the Cargo Mill of the Company
at Bellingham, we find that no question has arisen concerning the
representation of employees in an appropriate bargaining unit.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSION OF LAW
No question concerning the representation of employees at the
Cargo Mill of the Bloedel-Donovan Lumber Mills, Bellingham, Wash-
ington, in a unit which is appropriate for the purposes of collective
bargaining has arisen, within the meaning of Section 9 (c) of the
National Labor Relations Act.
ORDER
Upon the basis of the above findings of fact and conclusion of
law, the National Labor Relations Board hereby orders that the peti-
tion for investigation and certification of representatives of employees
of Bloedel-Donovan Lumber Mills, Bellingham, Washington, filed
by Boommen & Rafter's Union, Local No. 11-199, International Wood-
workers of America, be, and it hereby is, dismissed.